Legal Question in Business Law in Wisconsin

Collection laws

I did buisness with a firm about 5 years ago, we had purchased some sand and gravel. Know I get a letter that he is being audited by the state of Wisconsin and wants me to pay sales tax on what I bought from him. The bill I got from him was payed in full by me when I got the bill. I asume all taxes were part of the bill I paid. I think we got caught not paying taxes and is know coming after me, I feel I don't have to pay anything because I paid the bill that was sent me. He is threating to put a lien on my house if I don't pay this sales tax. I will not pay this and I will go to court if I have to. What do you think my responsibility is for this tax.Thank you for your time


Asked on 4/19/98, 12:37 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Sounds Fishy....

First, I presume you have some sort of receipt or cancelled check or something in writing to evidence that you did pay this bill 5 years ago in full. Assuming that is the case, before agreeing to send this character any more money, I would suggest that you contact the State of Wisconsin's Dept. of Revenue and Taxation (or whatever the state's taxing authority is called) and see what their office/legal department has to say about this guy trying to collect sales taxes from you (& probably others) 5 years after supposedly paying a bill in full. I would think it was his responsibility to collect tax at the time of sales--not yours to have to come back 5 years or so later to pay extra because he didn't collect it then. Also, you might try contacting your state's Attorney General's office--see if they have a consumer affairs division or some dept. that handles consumer/merchant disputes and complaints. See what they say as well.

It sounds very suspicious to me that he's trying to collect sales tax from you--and, presumably, many others--at such a belated stage. Could easily be a scam. The tax dept for Wisconsin ought to at least be able to verify if what he's doing is true and correct/proper (& whether or not he is being audited and required to collect the taxes from customers now). Check it out with a local lawyer, too, before you simply agree to hand this company any more money or simply refuse to do so. I am not licensed to practice law or give legal advice outside the State of Louisiana--my comments, therefore, are only general and not necessarily appropriate based on your own state's laws. The money you pay for a local legal consultation may be well worth the money and aggravation you may save in the long run.

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Answered on 5/05/98, 11:01 am


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